CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State in Suit No. CA/L/353/09 delivered on the 5th day of October, 2007 dismissing the claims of the Appellants against the Respondent and another person, Mr. Alex Motunrayo. The said Mr. Alex Motunrayo who was the 2nd Defendant at the trial Court did not participate in the proceedings in that Court and based on the application of the Appellants dated 5/5/11 this appeal was discontinued against him and his name was struck out.
The Appellants as claimants in the lower Court instituted this action claiming the following reliefs against the said Defendants in their Amended Statement of Claim dated 21st April, 2004:
"(q) A Declaration that the Claimants are the owners of the piece or parcel of land and the house built thereon situate at N0. 44 Oniwaya Road, Agege, Lagos and are therefore entitled to possession of same and appurtenances,
(b) A Declaration that th…